PART V. Regulations. Penalty for personating inspectors. Obstructing officers. Cf. ibid., ss. 232, 242. Sand Drift Act.--1923. 39. (1) In addition to any power by any other section of this Act conferred on the Governor to make regulations (which power shall in every case be implied for the purpose of any section in which the word "prescribed " is used) the Governor may make regulations(a) regulating, controlling, or prohibiting the use or occupation of breakwind reserves: (b) prescribing the measures to be taken for the prevention or abatement of any sand drift: (c) prescribing the forms and contents of memorials : (d) prescribe the time for the making of appeals under section. 12, and generally for regulating the conduct of the proceedings on any such appeal: (e) prescribing the proceedings upon any application for relief under section 30, and generally for regulating the conduct of such proceedings: (f) prescribing all matters and things which by this Act are contemplated, required, or permitted to be prescribed, or which appear to him to be necessary or convenient to be prescribed, for the purpose of more effectually carrying out any of the provisions of this Act or for better effecting the objects of this Act. (2) Any such regulation may fix penalties not exceeding in any case the sum of Ten Pounds for the breach of the same or any other regulation. 40. Any person who falsely represents himself to be an inspector shall be guilty of a misdemeanor, and shall be liable to be imprisoned with or without hard labor, for any period not exceeding twelve months; and shall, in addition to such imprisonment, be liable to a penalty not less than Twenty Pounds nor more than One Hundred Pounds. 41. (1) Any person who— (a) obstructs, hinders, or interrupts any inspector or any other person in the exercise of anything which such officer or person is by this Act empowered to do; (b) obstructs, hinders, or interrupts any person employed by any Council or the Minister in the performance of anything which the Council or the Minister is by this Act empowered to do; or (c) threatens, assaults, or uses improper language to an inspector whilst in the performance of his duty under this Act, shall be liable to a penalty not exceeding Twenty Pounds. (2) No proceeding for the recovery of any such penalty, nor the payment thereof, shall be a bar to an action at law by such inspector or person for or in respect of any such assault. 42. Where Sand Drift Act.-1923. PART V. prohibition of or under the Act 42. Where any matter or thing is by or under this Act, or by any Non-observance of notice published, given under the authority of this Act, directed or any direction or forbidden to be done, and the act so directed to be done remains undone, or the act so forbidden to be done is done, in every such case every person offending against such direction or prohibition shall be deemed to be guilty of an offence against this Act. 43. Every person who is guilty of an offence against this Act for General penalty. which no other penalty is expressly provided shall be liable to a penalty not exceeding Twenty Pounds. PART VI. EVIDENCE AND LEGAL PROCEDURE. PART VI. 44. A copy of the Gazette containing a notice of the appointment Gazette evidence of of any person to be an inspector for the purposes of this Act for appointment. the whole State or for any specified portion of the State, or for Cf. ibid., s. 248. any specified district shall be conclusive evidence of such appoint ment. cost of destruction. Cf., ibid., s. 254. 45. In any proceedings for the recovery of the cost and expense Certificate prima incurred by an inspector in acting under the provisions of section facie evidence of 15, a certificate purporting to be under the seal of the Council or under the hand of the Minister (as the case may require), and specifying the amount of such cost and expense, shall be received as prima facie evidence of the amount of such cost and expense. notices and informa. 46. It shall be sufficient in any information under this Act if Informalities of such information gives the accused a reasonably clear and intelligent tions may be statement of the offence with which he is charged; and no con- corrected. viction shall be held void or invalid or be quashed for any defect Cf. ibid., s. 260. in substance or form therein; and the Court shall amend or permit the amendment of every information which in its opinion is defective. laid. 47. (1) An information for any offence under sections 8, 9, 10, Informations, how 11, and 13 shall not be laid except by an inspector or some other person authorised by the Council of the District or by the Minister to lay such information or to lay such informations generally. (2) The authority of any person to lay any such information may be proved by the production of a document in the prescribed form purporting to be signed by the Mayor or Chairman of the Council or by the Minister. 48. All proceedings in respect of any offence against this Act Summary proceed(other than indictable offence) shall be disposed of summarily. ings for offences. Cf. ibid., s. 271. 49. There PART VI. Appeal. Special case. Appropriation of penalties. Sand Drift Act.-1923. 49. There shall be an appeal in respect of proceedings in respect of offences against this Act. 50. In the event of an appeal in respect of proceedings in respect of offences against this Act a special case may be stated. 51. All moneys received for or on account of penalties imposed for offences against this Act shall be paid to the Treasurer for the public uses of the State; except moneys received in respect of an offence committed within the limits of a District which shall be paid over to, and for the use of the Council of such district. In the name and on behalf of His Majesty, I hereby assent to THE A Sand Drift Act.-1923. THE SCHEDULE. NOTICE The Sand Drift Act, 1923. OF MONEYS PAYABLE IN RESPECT OF ABATEMENT OR PREVENTION OF SAND DRIFT. Notice is hereby given that there is now due and payable in respect of the cost Section 20. and expense incurred by an inspector in acting under section 15 of the Sand Drift Act, 1923, on default by the owner or occupier, for the purpose of abating or preventing the sand drift from the land (or lands as the case may be) mentioned in the Schedule hereto, the sum set opposite to the description of such land (or lands), and the owner or owners of such land (or lands) are required to take notice that unless the amount (or amounts) so due, together with the cost of and attending this notice, are paid to the [set out the name of Council or Minister (as the case may require)] on or before the day of 19 [one month from the third publication of this notice] the said [Council or Minister (as the case may be)] will let such of the said land (or lands) in respect of which any money shall be then unpaid from year to year, in manner provided by the Sand Drift Act, 1923, or apply to the Supreme Court for an order for the sale of such land (or lands) or so much thereof as may be necessary to produce the amount or amounts remaining unpaid, and also the costs of and attending such application and sale. Adelaide: By authority, R. E. E. ROGERS, Government Printer, North Terrace. |